Plaza 20 Frontage Road -Transfer of Roadway Jurisdiction: Iowa DOTCity of Dubuque
City Council Meeting
Consent Items # 012.
Copyrighted
November 20, 2023
ITEM TITLE: Plaza 20 Frontage Road - Transferof Roadway Jurisdiction: Iowa DOT
Agreement No. 2024-TJ-002; Iowa DOT Project No. TJ-020-9(281)--
2 M-31
SUMMARY: City Manager recommending City Council adopt a resolution authorizing
the Mayor to execute a Transfer of Roadway Jurisdiction (TOJ)
Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of
Transportation (Iowa DOT) for the acceptance of the Plaza 20 Frontage
Road into the City's road network system.
RESOLUTION Approving the Transfer of Roadway Jurisdiction
Agreement (Agreement No. 2024-TJ-002) with the Iowa Department of
Transportation for the Plaza 20 Frontage Road
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
TOJ Agreement Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Plaza 20 Frontage Road - Transfer of Roadway Jurisdiction
Iowa DOT Agreement No. 2024-TJ-002
Iowa DOT Project No. TJ-020-9(281)--2M-31
DATE: November 15, 2023
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Assistant City Engineer Robert Schiesl is recommending City Council adopt a resolution
authorizing the Mayor to execute a Transfer of Roadway Jurisdiction (TOJ) Agreement
(Agreement No. 2024-TJ-002) with the Iowa Department of Transportation (Iowa DOT)
for the acceptance of the Plaza 20 Frontage Road into the City's road network system.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Micliael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Nate Steffen, Civil Engineer
Nate Kieffer, PE/PLS Land Surveyor
THE COF
DUi! B E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Plaza 20 Frontage Road - Transfer of Roadway Jurisdiction
Iowa DOT Agreement No. 2024-TJ-002
Iowa DOT Project No. TJ-020-9(281)--2M-31
DATE: November 14, 2023
INTRODUCTION
Dubuque
AFANaiCI CI4
2007-2012.2013
2017*2019
The enclosed resolution authorizes the Mayor to execute a Transfer of Roadway
Jurisdiction (TOJ) Agreement with the Iowa Department of Transportation (Iowa DOT)
for the Plaza 20 Frontage Road.
BACKGROUND
When the Plaza 20 Frontage Road was originally constructed by the Iowa DOT in
approximately 1960, and again modified in 1995, the City agreed to assume ownership
of the frontage road and has been responsible for and has been maintaining the road
segment since its initial opening.
DISCUSSION
The City has been collaborating with the Iowa DOT on the closure of the Plaza 20
Frontage at the Devon Drive / US20 intersection. During these discussions, it was
discovered that the Plaza 20 Frontage Road was never officially transferred to the City
following its original construction.
Both the City and Iowa DOT agreed as part of the process to close the Plaza 20
Frontage, the City and Iowa DOT would address the right-of-way and the road
jurisdiction for the portion of the frontage road lying south of US20, from Devon Drive
easterly for a length of approximately 700 feet, as shown in red on Exhibit A of the TOJ
Agreement.
Per Transfer of Roadway Jurisdiction Agreement, the City agrees to formally accept the
Plaza 20 Frontage Road segment into its road network system and continue to maintain
the road segment in accordance with all applicable laws, regulations, and administrative
rules.
The Iowa DOT shall be responsible for surveying, replating, and shall transfer to the
City by quit -claim deed all its legal or equitable title or interest in the right-of-way of the
Plaza 20 Frontage Road segment described in the Agreement. The City shall accept
said deed, pursuant to Iowa Code Section 306.42.
RECOMMENDATION
I recommend that the City Council approve and authorize the Mayor to execute the
Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024-TJ-002) with the
Iowa Department of Transportation for the acceptance of the Plaza 20 Frontage Road
into the City's road network system.
BUDGETIMPACT
There will be no budget impacts, the Plaza 20 Frontage Road segment shall be
transferred in its present condition and the City will continue to maintain the road
segment as it has been since its initial opening.
ACTION TO BE TAKEN
I respectfully request the City Council approve and authorize the Mayor to execute a
Transfer of Roadway Jurisdiction Agreement (Agreement No. 2024-TJ-002) with the
Iowa Department of Transportation for the Plaza 20 Frontage Road.
cc: Nate Steffen, Civil Engineer
Nate Kieffer, PE/PLS Land Surveyor
F:\PROJECTS\Dodge - Devon Frontage Rd Closure\TOJ Agreement
Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 1311 St. Dubuque, IA 52001 563 589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13°h St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 377-23
RESOLUTION APPROVING THE TRANSFER OF ROADWAY JURISDICTION
AGREEMENT (AGREEMENT NO. 2024-TJ-002) WITH THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE PLAZA 20 FRONTAGE ROAD
WHEREAS, the City has been collaborating with the Iowa Department of
Transportation (Iowa DOT) on the closure of the Plaza 20 Frontage at the Devon Drive 1
US20 intersection; and
WHEREAS, it was discovered that the Plaza 20 Frontage Road was never officially
transferred to the City following its original construction; and
WHEREAS, the City and Iowa DOT agreed as part of the process to close the
Plaza 20 Frontage, the City and Iowa DOT would address the right-of-way and the road
jurisdiction for the portion of the frontage road lying south of US20, from Devon Drive
easterly for a length of approximately 700 feet; and
WHEREAS, Iowa DOT shall be responsible for surveying, replating, and shall
transfer to the City by quit -claim deed all its legal or equitable title or interest in the right-
of-way of the Plaza 20 Frontage Road segment described in the Transfer of Roadway
Jurisdiction Agreement; and
WHEREAS, City agrees to formally accept the Plaza 20 Frontage Road segment,
per said quit -claim deed, pursuant to Iowa Code Section 306.42, into its road network
system and continue to maintain the road segment in accordance with all applicable laws,
regulations, and administrative rules.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
SECTION 1. That said Transfer of Roadway Jurisdiction Agreement (Agreement
No. 2024-TJ-002) with the Iowa Department of Transportation for the acceptance of the
Plaza 20 Frontage Road into the City's road network system is hereby approved.
SECTION 2. That the Mayor be authorized and directed to execute the Transfer of
Roadway Jurisdiction Agreement (Agreement No. 2024-TJ-002) with the Iowa
Department of Transportation.
Passed, approved and adopted this 201h day of
Attest:
a2L4_-r,� ��4-i492
Adrienne N. Breitfelder, City Clerk
November 2023.
i11
� r/ r r r� r �
June 2023
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for
Transfer of Public Road Jurisdiction
County
City
Project No.
Iowa DOT
Agreement No.
Commission Order No.
Dubuque
Dubuque
TJ-020-9(281)--2 M-31
2024-TJ-002
This Agreement entered into by and between the Iowa Department of Transportation, hereinafter
designated the "STATE", and city of Dubuque, Iowa, a Local Public Agency, hereinafter designated the
"LPA"; and in consideration of these premises and the mutual covenants hereinafter set forth, it is hereby
agreed as follows:
WITNESSETH, that
1. In accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, the STATE hereby
agrees to transfer jurisdiction of the following public road segment, including all structures and right-
of-way, to the LPA:
That portion of U.S. 20 south frontage road, from Devon Drive easterly to University Park
Drive, a length of approximately 700 feet, as shown in red on Exhibit A attached.
a. The LPA agrees to accept the road segment described in this Agreement into its road system and
maintain the road segment in accordance with all applicable laws, regulations and administrative
rules.
b. The LPA and the STATE have examined the physical condition of the public road segment
described in this Agreement and have agreed that:
The road segment shall be transferred in its present condition.
c. The transfer of jurisdiction of the public road segment described in this Agreement shall take
place following the execution of this agreement by both the LPA and the STATE, and upon
written notification to the LPA of the time and date of the STATE's intention to transfer.
2. The LPA has inspected the public road segment described in this Agreement and agrees to accept
said road subject to the conditions set forth herein. In accordance with Iowa Code Section 306.42(6),
neither the LPA nor the STATE shall be held liable for any claim for damage for any act or omission
relating to the design, construction, or maintenance of the public road segment described this
Agreement that occurred prior to the effective date of the transfer.
3. The STATE shall transfer to the LPA by quit -claim deed all its legal or equitable title or interest in the
right-of-way, except as noted in Section 4 following, of the public road segment described in this
Agreement. The LPA shall accept said deed, pursuant to Iowa Code Section 306.42.
4. If the STATE has acquired access rights by warranty deed for the public road segment described in
this Agreement, the LPA shall not, within 150 feet of the edge of any at -grade intersecting primary
highway, either alter those rights or allow any new access.
5. Once the transfer of jurisdiction is complete, the LPA shall be responsible for signing the road
segment.
2024-TJ-002_Dubuque
June 2023
6. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such
finding shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not found to be invalid or unconstitutional.
7. This Agreement including referenced exhibits, constitutes the entire Agreement between the LPA and
the STATE concerning this transfer of jurisdiction. Representations made before the signing of this
Agreement are not binding, and neither party has relied upon conflicting representations in entering
into this Agreement. Any change or alteration to the terms of this Agreement must be in the form of
an addendum to this Agreement. Said addendum shall become effective only upon written approval
of the STATE and the LPA.
IN WITNESS THEREOF, each of the parties hereto has executed agreement No. 2024-TJ-002 as of the
date shown opposite its signature hereafter.
CITY OF DUBUQUE:
By: Date NOVe.(n6cr 13 0 20Qa.
Title: Mayor
I, r`h cnn e F, T �n ! � f' certify that I am the Clerk of the City, and that
�rc\3 C01yo,ncvo,k who signed said Agreement for and on behalf of the City
was duty authorized to execute the same by virtue of a formal motion passed and adopted by the CITY
on the C �u day of N1 oy c r,,r 20 a .
Signed: �'� �1n .4- -0*4 /j
City Clerk of Dubuque, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
By:
James R. Schnoebelen, P.E.
District Engineer
District 6
Date
2024-TJ-002_Dubuque
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US 20 & Devon Dr
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Dubuque ?`'Vil
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Legend
/ Frontage Rd
[Exhibit A